ST ISABLES HOSPITAL REP Vs. A V MURUGAN

JUDGEMENT

(1.) Defendant in O.S. No. 7746 of 1998 on the file of II Assistant City Civil Court. Madras is the revision petitioner herein.

(2.) Defendant is St. Isables Hospital and it entered into an arrangement with plaintiff whereby plaintiff was permitted to collect parking fee from the two- wheelers coming to the hospital for which he has to pay Rs. 1,000 per month on the first day of every month. According to ptaintiff.the said arrangement is a lease and defendant is not entitled to dispossess plaintiff except in accordance with law. It is said that after the arrangement this monthly payment was enhanced to Rs.1,500 from 1994 onwards and the same arrangement continues till date. According to him. he employed four persons to look after parking arrangements inside the hospital premises.

(3.) Reason for filing the suit was that an alleged demand was made by defendant enhancing the amount from Rs.12,000 per annum to Rs. 1.00 lakh per annum, which the plaintiff did not oblige and consequently, defendant threatened to dispossess him. Suit was therefore laid for a decree of permanent prohibitory injunction restraining defendant and their men from interfering with plaintiff's peaceful possession and enjoyment of parking lot in St. isables Hospital premises at No. 18 Oliver Road, Mylapore, Madras, except in accordance with law, and for consequential reliefs. Scheduled property is described thus Parking lot in St. Isables Hospital at premises No. 18, Oliver Road, Mylapore. Madras 600 004 situated within the Registration Sub-district of Mylapore and Registration District of Madras south. Along with the suit, plaintiff also moved an application for injunction as I.A.No.18475 of 1998. Relief sought for in the suit and injunction application are same. Trial Court granted ad interim injunction initially. But after counter affidavit was filed by defendant, the same was vacated.